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Homeowners lose prescription easement fight with nearby business

Mary and Steve Lamkin owned lakeshore property on a private road in Livingston County.  They became embroiled in a dispute with the owners of Read Lumber & Hardware, which allowed customers to exit its parking lot on the private drive rather than M-36.  Ultimately, the parties ended up disputing zoning issues and pursuing multiple Circuit Court actions.  The trial judge ruled that over more than forty years of combined use, the Hardware and its predecessor restaurant had secured a prescriptive easement to use the private drive

Thompson O’Neil, P.C.
309 East Front Street
Traverse City, Michigan 49684
Toll Free: 1-800-678-1307
Fax: 231-929-7262